Workshop on Land Reform, Land Trusts and Stewardship

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Workshop on Land Reform, Land Trusts and Stewardship

Co
-
ordinated by Conservation International and SANBI

20
th

November
-

Pretoria

Rick de Satg
é


Policy and strategy initiatives


DLA’s attempts to integrate environmental planning
into land reform


National Settlement & Implementation Support
Strategy


Land and Agrarian Reform Project (LARP)


Case sketches


Mtakatye (Eastern Cape


Schmidtsdrift (Northern Cape)


In 2001 a joint DLA/DANCED project
produced
Policy and Guidelines on the
Integration of Environmental Planning into
Land Reform and Land Development


Guidelines highlighted that environmental
sustainability (both bio
-
physical and socio
-
economic) had not enjoyed adequate
attention


Proposed introduction of an Environmental
Decision Support Tool as an integral part of
project assessment and planning procedures


Guidelines tested in 2005 and the
Environmental Evaluation Unit (UCT)
developed an Environmental and
Sustainability Assessment Tool


Designed to provide an integrated natural
resource baseline highlighting environmental
opportunities and constraints as a basis for a
management and monitoring plan


Guidelines remain unimplemented


Institutional fragmentation where natural
resource management is concerned


Plethora of legislation administered by
different departments


Emphasis on the development of resource
assessment tools and legislative compliance
while development and support of local
institutions to manage rights and resources
neglected


The review of post transfer support to
Restitution and Redistribution programmes
highlighted:


Inadequate budget and
prioritisation

of this key
function


International experience indicates that the cost of land
purchase should amount to between 30% and 40% of
total support package


Land reform dominated by quantitative targets
(hectares transferred and claims settled) rather than
qualitative results


Lack of clarity on the farming systems that should
result from land reform


Narrow conception of the scope of support
required


Inadequate conceptual and institutional
framework for integrated planning and
settlement support


No clarity about whose responsibility this should be


Poor intergovernmental relations limit the co
-
ordination of effective support



Distinguishes between
front end services
needed by land reform projects


Social


Institutional


Environmental


Economic


Back office support
to create an enabling
environment at local, district, provincial and
national scale



Reframing land reform as a joint programme
of government, the private sector and civil
society
-

coordinated by DLA in partnership
with DoA and located within the District IDP


Drawing on DPLG guidelines for joint
programme management gazetted ito IGRFA


Area based planning


Developing designated support agencies and
partnerships at District Municipal scale


Elements of the SIS strategy have informed the
Land and Agrarian Reform Project (LARP)


a
recent DLA/
DoA

partnership


However it appears that key aspects of the
strategy including:


Land rights determination and management


Dedicated support for CPIs


Development of functioning common property resource
management regimes


Integrated natural resource management


have yet to find a home


In our view these are prerequisites for effective
stewardship programmes


Mtakatye

Schmidtsdrift


Land reform takes place in vastly different
institutional settings


State owned communal areas


Privately owned land which has been redistributed
or restored held by a CPA or a Trust


Forestry areas


Protected areas


Municipal commonage


State owned land acquired through PLAS


Labour tenants and occupiers on commercial farms


A communal area on former Transkei Wild Coast


A former betterment area


limited arable land


Pockets of declared and ‘chief’s forests’


Most people cultivating homestead gardens


Declining yields and soil fertility


Perception that land in the forests more fertile
than home gardens


Early 1990’s people invade and clear portions of
declared indigenous forest


Increasing pressure on marine resources
particularly shellfish in the intertidal zone


How has government
responded?


DEAT provided a grant to
a local entrepreneur to


develop an indigenous
nursery



hire people to clear
invasive aliens


replant deforested areas


Current situation
unclear


Contested local governance and unsupported
land tenure systems can result in de facto ‘open
access’


Continuing uncertainties about exercise of land rights
management functions


The case an ideal zone for ‘participative forest
management’
ito

the
NFA


However low visibility of
DWAF

Forest Officers in 2006


People reluctant to leave cleared areas


Government responses fail to engage with key
land and resource tenure issues which underpin
sustainable management of the forest resources


Commodification

of medicinal plants also contributes to
pressure on forest resources


Fragmented responses to
multisectoral

issues


forests, rangelands, marine resources land and
resource tenure


These require an area based joint programme
with a clear champion


Currently the approach to stewardship avoids
situations where there is institutional confusion
or conflict due to high risk of failure


However there is an argument to be made that
these situations could become the focus for an
integrated stewardship programme



Tswana and Griqua occupants of Schmidtsdrift
forcibly removed in 1968


SADF established a training camp


Competing land claims settled through negotiation in
2000


31,829 ha restored to a CPA


Restoration
characterised

by contestation between
Tswana and Griqua claimants, ‘traditionalists’ and
‘modernists’


Some 300 households return to 5 settlement areas


2 declared rural townships


3 spontaneous settlement areas


CPA Constitution fails to determine individual rights,
benefits and responsibilities


Alluvial diamond mining commences in 2001 with
prospecting rights awarded along the whole river
frontage.


Alluvial diamond mining has massive impact on
grazing, cultural and natural assets


In 2003 Government temporarily closed mining activities
of
NDC

after damage to graves and pollution of
environment but it soon resumed


Currently between 200 000
-
250 000 tonnes of material
are processed per month


Contributes spread of prosopis and other invaders


Alleged illegal abstraction of water


Inadequate rehabilitation


How to give meaning to local stewardship when
powerful mining interests ride roughshod over
the law and government interventions and
monitoring are ineffective?


Prior to removal people were settled in six
areas


On their return people encouraged to live in two
main settlement areas


majority remain offsite


Settlement pattern encourages overgrazing in areas
around settlements


Increasing bush encroachment


For several years after settlement there was no
investment in grazing camps or water infrastructure


Game relocated to an area which one group
of claimants
utilised

for grazing


Creates conflict over resource use


Phuhlisani appointed in 2008 to clarify membership, rights,
address conflict and align plans


Common property resource management depends on
decentralised

management, agreed boundaries (even
if these may be fuzzy) and memberships, effective
monitoring, and conflict resolution mechanisms


Clarification of rights



Access and use rights


Management rights


Exclusion rights


Transfer rights


Clarification of duties and contributions


Credible management institutions and compliance
capability


Environmental stewardship initiatives require
investment in tenure systems and local institutions


Self managing ‘stewardship’




Land reform spans diverse settings


Ranges from projects on a small geographic scale
utilised

by family members and relatively homogenous
and coherent groupings through to large land areas
where large and heterogeneous groups have rights


Clearly stewardship initiatives will be easier to
implement in confined and stable settings


However developing
multisectoral

stewardship
initiatives which can engage in large and complex
settings like
Mtakatye

and Schmidtsdrift remains
a key challenge which to date has not been
addressed

www.phuhlisani.com